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03/20/2012 11:31:59 PM · #1
Is this legal? I've seen two pages using the same photo so I assume that the same person is running both pages. When I posted the photo to Facebook originally I tagged the location I was at (Lake Worth Beach) which is one of the pages that is using it. By tagging the location of the photo do I give up the rights to the photo to them?

Here is the page that is using the photo as their profile page...

Lake Worth Beach

Here is another page that is using the same photo but using it for the new "banner" thing that the timeline setup has going...

Lake Worth Florida

If I have given up the rights by putting it up there then so be it, I guess I just deal with it but if it isn't legal for them to take it how do I go about telling them that they need to pay for it or else?
03/20/2012 11:33:40 PM · #2
I "like"d them both LOL
03/20/2012 11:37:10 PM · #3
Originally posted by FocusPoint:

I "like"d them both LOL


I thought about it... Lol. But that to me is similar to "liking" my own status or something... Lol.
03/20/2012 11:42:45 PM · #4
I think posting to facebook allows facebook to have legal access to your images etc, but don't know about other facebook users... just comment and ask them if they are going to use your image, can they credit you as the photographer... they might freak out at being caught and take it down lol
03/20/2012 11:44:03 PM · #5
Maybe I could just tell them for a "payment" to post about my photography page on each of the photo's descriptions...
03/21/2012 05:08:03 AM · #6
A friend of mine used a photo I took of a mutual friend/model without my permission to advertise on his profile page - i was pissed when i found out but messaged him asking to ask permission and credit me somewhere... he actually replied "oh sorry our friend the model was ok with it so I didn't think it'd be a problem!" and didn't do anything else... might be an ex friend. and he even worked as an advertisement consultant for like 20 years.

either way legally i think you can also tell Facebook that you have rights to the photo.
03/21/2012 10:14:09 AM · #7
I sent the owner of the first link a message asking if they could put a link to my page in the description of the photo... We will see how things go from here...
03/21/2012 10:21:23 AM · #8
should have sent them a bill.
03/21/2012 10:24:12 AM · #9
Problem is, I don't know who to send the bill to. Lol.
03/21/2012 10:31:23 AM · #10
1. If you tagged the image with the page, you may have caused it to appear there.
2. Assuming you don't want your image displayed, simply click on the top right corner "x" to Report/Mark as Spam. FB will then ask if it is your intellectual property. It will be removed if you raise objection.
3. I'm all for your receiving attribution for your photography. Usually it's a good thing to receive the publicity/exposure.
03/21/2012 10:34:45 AM · #11
Originally posted by mbrutus2009:

Problem is, I don't know who to send the bill to. Lol.


Since you can enter comments, why not just put your info in there yourself? Copyright @ yournamehere, etc. Add your link to the original.
03/21/2012 10:38:20 AM · #12
Originally posted by Kelli:

Originally posted by mbrutus2009:

Problem is, I don't know who to send the bill to. Lol.


Since you can enter comments, why not just put your info in there yourself? Copyright @ yournamehere, etc. Add your link to the original.


I didn't realize that they were using the photo until just the other day and by then they had already started using the "timeline" format which didn't let me see my post on their page. I could potentially do it through my page but I think it would be better anyways for the owner of the page to post my link in the description of the photo rather than me commenting on it.
03/21/2012 10:43:17 AM · #13
Originally posted by mbrutus2009:

Originally posted by Kelli:

Originally posted by mbrutus2009:

Problem is, I don't know who to send the bill to. Lol.


Since you can enter comments, why not just put your info in there yourself? Copyright @ yournamehere, etc. Add your link to the original.


I didn't realize that they were using the photo until just the other day and by then they had already started using the "timeline" format which didn't let me see my post on their page. I could potentially do it through my page but I think it would be better anyways for the owner of the page to post my link in the description of the photo rather than me commenting on it.


What I meant was if you click on the timeline photo, it will open a separate viewer to view the photo, with comments to the side. You can make a comment there. Anyone who clicks on the picture will see your comment. Right now there are no comments, so if you comment first with your copyright & links, it's will be the first thing anyone who clicks on the photo will see.
03/21/2012 10:45:01 AM · #14
That is only if you click the "banner" thing. The profile picture for the "Lake Worth Beach" page already has 21 likes, a share, and some comments.

ETA typo.

Message edited by author 2012-03-21 10:46:58.
03/21/2012 11:20:33 AM · #15
I just posted a link to this thread on both pages.

hmm - didn't stick though

Message edited by author 2012-03-21 11:24:10.
03/21/2012 12:17:52 PM · #16
Me comment too!

From Facebook:
Facebook is committed to protecting the intellectual property of third parties. On this page, rights holders will find information regarding how to report copyright and other intellectual property infringements by people posting content on Facebook and answers to some frequently asked questions regarding our policies.

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If you are concerned about the security of your account, please visit our Security Help Page.

To report an infringement of your copyright or other intellectual property right (for example, trademark) by a Facebook user, please fill out our automated IP infringement form. This form is the fastest way to report any type of infringement. If you prefer, you may instead submit copyright infringement notices under the DMCA to our designated agent (information below). It will speed our review if you can submit your report in English.

Frequently Asked Questions

What happens after I send the report?
We will make every effort to review your report as quickly as we can. So long as everything appears to be in order, we will promptly remove or disable access to the content. We will also notify the user and, if requested, provide your report to the user. We will terminate repeat infringers when appropriate.

What is the contact information for your DMCA designated agent?
Please keep in mind that the fastest way to send our designated agent a DMCA notice of copyright infringement is by using our automated DMCA form. Nevertheless, if you wish to contact our designated agent through traditional (and slower) methods, the contact information for our designated agent is:

Facebook, Inc.
Attn: Facebook Designated Agent
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650.543.4800 (phone)
650.560.6293 (fax)
ip@facebook.com

Can I report the infringement of someone else's intellectual property rights?
If you are not the IP owner (or the authorized representative of the owner), you cannot report a suspected infringement to us. If you believe that content on the Facebook website violates another party's IP, you should advise the rights owner directly.

What should I do if a third-party application infringes my rights?
Applications developed by third parties and available to the Facebook community are not created by Facebook and do not reside on our servers. Consequently, we do not have the ability to control such applications or remove any infringing content from them. If you believe a third-party application infringes your rights, we strongly encourage you to contact that developer directly. You can often contact the developer from the application's "about" page. If that doesn't work, add the application, click on help, and then click on the name of the application. From there you will be able send a message directly to the developer. After working directly with the developer, please contact us if the problem persists. Although we do not control third-party applications, as a courtesy we will try to assist you when a developer does not comply with its legal obligations relating to content issues.

What should I do if someone is pretending to be me?
If someone has created an account to impersonate or imitate you, please go to the impostor profile (timeline) and click "Report this Person" in the left column. Check the "Report this Person" box, choose "Fake Account" as the reason, and add "Impersonating me or someone else" as the report type. Be sure to add a valid web address (URL) leading to the real profile (timeline), so we can review the information.
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03/21/2012 11:09:49 PM · #17
I just got a message back from the owner of the Lake Worth Beach page... Here is what it said...

"Lake Worth Beach
Hey Marko, Thanks again for this amazing photo and the opportunity to use it. I added your page to the description as requested. I am building a lake worth beach website soon and would also like to use this photo. Would I be able to use it for that as well if I add credits and links?

Thanks Again
Brian"

I am going to send back when I figure out everything I am going to say but I know right now only the banner photo has the link to my page. I will tell them to add it to the profile picture as well.

As for the photo on the website, I don't know if would want them to put it on there without some type of payment. That being said I have never had my photo put onto a website so I don't for the life of me know how much to ask for. Or should I just suck it up and let the person use the photo with my link attached?

Thanks. :)
03/21/2012 11:21:33 PM · #18
Originally posted by mbrutus2009:

... Or should I just suck it up and let the person use the photo with my link attached? ...

If you receive attribution and widespread exposure, your compensation is same. It's a brave new world.
03/21/2012 11:42:38 PM · #19
For my stock photograph royalty free licenses, I have a graduated price scale based on file size. You can see it here. Since this guy would only need a small file (optimized for the web), it would be affordable for him. It wouldn't be much for you, but it does feel good to have someone pay you for a photo. And it would let the guy know that he can't just go around helping himself to people's property.
03/22/2012 01:34:30 AM · #20
Originally posted by JuliBoc:

For my stock photograph royalty free licenses, I have a graduated price scale based on file size. You can see it here. Since this guy would only need a small file (optimized for the web), it would be affordable for him. It wouldn't be much for you, but it does feel good to have someone pay you for a photo. And it would let the guy know that he can't just go around helping himself to people's property.


I bolded the most important part of her response.

Matt
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